The Teachers’ Pensions etc. (Reform Amendments) Regulations 2006

1. Introductory Text

2. 1. Citation and commencement

3. 2. Amendments of regulations

4. 3. Transitional provisions and savings

5. 4. Election in respect of protected benefits

6. Signature

7. 1. SCHEDULE 1

      Amendments of the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994

      1. 1. Interpretation

      2. 2. Provision for lump sum death benefit

      3. 3. Variation and cancellation of elections

      4. 4. Retirement and dependants’ pensions

      5. 5. Pension sharing on divorce

      6. 6. Payment by Secretary of State

   2. SCHEDULE 2

      Amendments of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997

      1. 1. Interpretation

      2. 2. Relevant employment

      3. 3. Persons to whom the Regulations apply

      4. 4. Mandatory compensation

      5. 5. Compensation payable to credited teacher

      6. 6. Allocation of part of annual compensation

      7. 7. Long-term compensation on death

      8. 8. Duration of compensation on death

      9. 9. Liability for compensation

      10. 10. Declaration where lump sum payments are made

      11. 11. Revocation and transitional provisions

      12. 12. Deciding and compensating authorities

   3. SCHEDULE 3

      Amendments of the Teachers’ Pensions Regulations 1997

      1. 1. Meaning of “employer” in certain cases

      2. 2. Employment - general

      3. 3. Employment not pensionable

      4. 4. Election for employment not to be pensionable

      5. 5. Resumption of pensionable status

      6. 6. Further employment - election made on or after 1st April 2000

      7. 7. Salary on which contributions are payable - election

      8. 8. Ordinary contributions

      9. 9. Contributions where an election has been made that employment should be pensionable

      10. 10. Contributions where an election is to take effect from an earlier date

      11. 11. Election in respect of additional benefits

      12. 12. Additional contributions for past period

      13. 13. Additional contributions for past period under earlier provisions

      14. 14. Reduction of past period

      15. 15. Additional contributions for current period

      16. 16. Additional contributions for current period: service in reserve force

      17. 17. Additional contributions for family benefits

      18. 18. Entitlement to repayment of balance of contributions

      19. 19. Calculation of contributions to be repaid

      20. 20. Return of repaid contributions

      21. 21. Uncompleted return by instalments of repaid contributions

      22. 22. Deduction, payment and recovery of contributions

      23. 23. Reckonable service generally

      24. 24. Meaning of various terms

      25. 25. Residual liability for guaranteed minimum pensions and for section 9(2B) rights

      26. 26. Nature of retirement benefits

      27. 27. Qualification for retirement benefits

      28. 28. Entitlement to payment of retirement benefits

      29. 29. Retirement benefits - pension and lump sum

      30. 30. Limitation of retirement benefits in certain cases

      31. 31. Enhancement of retirement benefits in case of incapacity

      32. 32. Avoidance of duplicate pensions

      33. 33. Allocation of part of retirement pension

      34. 34. Pensioner ceasing to be incapacitated

      35. 35. Abatement of retirement pension during further employment

      36. 36. Retirement benefits on cessation of further employment

      37. 37. (1) For the heading to regulation E15A substitute “Retirement benefits...

      38. 38. Death grant

      39. 39. Supplementary death grant

      40. 40. Family benefits generally

      41. 41. Nomination of partner

      42. 42. Nomination of other adult beneficiary

      43. 43. Entitlement to short-term family benefits

      44. 44. Amount and duration of short-term family benefits

      45. 45. Entitlement to long-term family benefits

      46. 46. Relevant service

      47. 47. Amount of surviving spouse’s, surviving civil partner’s or nominated beneficiary’s long-term pension

      48. 48. Amount of children’s long-term pensions

      49. 49. Additional dependant’s pension where election made under regulation C3C

      50. 50. Commencement and duration of long-term family pensions

      51. 51. Average salary

      52. 52. After regulation E31 insert— Average salary – supplemental (1) This regulation has effect for the purpose of determining...

      53. 53. Effective reckonable service

      54. 54. Payment of benefits

      55. 55. Interest on late payment of certain benefits

      56. 56. Benefits not assignable

      57. 57. Payment of transfer values

      58. 58. Acceptance of transfer values

      59. 59. Receipts etc. to be credited

      60. 60. Employers’ contributions

      61. 61. Employers’ additional contributions

      62. 62. Modified application in case of employment at reduced salary

      63. 63. Repayment of contributions where an election is not made under regulation G8

      64. 64. Declaration where lump sum payments are made

      65. 65. Consequential amendments of the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994

      66. 66. Pension sharing - normal pension age

      67. 67. Pension credit benefits

      68. 68. Commutation

      69. 69. After regulation I5 insert— Commutation on election by pension credit...

      70. 70. Death grant

      71. 71. Glossary of expressions

      72. 72. Elections in respect of additional benefits

      73. 73. Maximum length of additional periods

      74. 74. Additional contributions for past period under old regulation C4

      75. 75. In Schedule 4— (a) for the definitions of “the principal...

      76. 76. Additional contributions for past periods under earlier provisions

      77. 77. Family benefits

      78. 78. Early Retirement Factors

      79. 79. Modified application in certain cases

      80. 80. Allocation of part of retirement pension

      81. 81. Savings and transitional provisions

   4. SCHEDULE 4

      Elections in respect of additional benefits - Schedule to be inserted as Schedule 2A to the Teachers’ Pensions Regulations 1997

      1. 1. Interpretation

      2. 2. Election by a person in pensionable employment

      3. 3. An election shall state whether the additional contributions—

      4. 4. The length of the payment period must be such that—...

      5. 5. An election shall be an election— (a) to be credited...

      6. 6. An election shall contain such further information as may be...

      7. 7. The amount of an increased retirement pension specified in the...

      8. 8. An election is to contain a declaration by the person...

      9. 9. An election only has effect if the Secretary of State...

      10. 10. Where an election has been made, nothing in this Schedule...

      11. 11. Election by employer

      12. 12. An election shall be an election that additional contributions are...

      13. 13. An election shall be accompanied by a declaration by the...

      14. 14. An election shall contain such other information as may be...

      15. 15. The amount of increased retirement pension specified in the election...

      16. 16. An election only has effect if— (a) it is made...

      17. 17. Effect of election

      18. 18. Maximum amount of increased pension

      19. 19. The Treasury shall from time to time review the operation...

      20. 20. Where an election has previously been made in relation to...

      21. 21. For the purposes of paragraph 20 the factor is RI/RE...

      22. 22. Where a previous election has been revoked the references in...

      23. 23. Determination of contributions for given level of increased pension

      24. 24. Where the Secretary of State has, pursuant to paragraph 23,...

      25. 25. Revocation of election

      26. 26. Where an election is revoked the person shall be credited...

      27. 27. Election ceasing to have effect

      28. 28. Person ceasing to be in pensionable employment

      29. 29. Person becoming entitled to retirement benefits

      30. 30. Person making an election under regulation E4A

      31. 31. Person becoming incapacitated

      32. 32. (1) Where a person who has made a monthly contribution...

      33. 33. Person ceasing to be incapacitated

      34. 34. Death of person

      35. 35. Where the person dies within one year after the date...

      36. 36. (1) Where the person has made a monthly contribution election...

      37. 37. Actuarial advice

   5. SCHEDULE 5

      Transitional Provisions and Savings

      1. PART 1 Transitional Provisions and Savings relating to the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994

         1. 1. Any notice given before 1st January 2007 under regulation 12(6)...

      2. PART 2 Transitional Provisions and Savings relating to the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997

         1. 2. In this Part “the 1997 Compensation Regulations” means the Teachers...

         2. 3. (1) Where, before 1st January 2007— (a) a person employed...

         3. 4. (1) Regulation 13 of the 1997 Compensation Regulations shall (despite...

      3. PART 3 Transitional Provisions and Savings relating to the Teachers’ Pensions Regulations 1997

         1. 5. In this Part “the 1997 Pensions Regulations” means the Teachers’...

         2. 6. Where, before 1st January 2007, a person aged 70 or...

         3. 7. Paragraphs (9) to (11) of regulation C4 of the 1997...

         4. 8. (1) Regulation C5 of the 1997 Pensions Regulations shall (despite...

         5. 9. (1) Regulation C9 of the 1997 Pensions Regulations shall (despite...

         6. 10. In relation to contributions to be paid by a person...

         7. 11. (1) Regulation E11 of, and Schedule 11 to, the 1997...

         8. 12. (1) Regulation E31 of the 1997 Pensions Regulations shall continue...

         9. 13. Where, before 1st January 2007, a person was in pensionable...

8. Explanatory Note